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Personal Injury (Vehicular)
Auto v. Pedestrian
Negligence

Donald R. Nitto v. Luxor Cabs; Mohamed Bachar

Published: Nov. 1, 1997 | Result Date: Sep. 15, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 975088 –  $242,000

Judge

Alex E. Saldamando

Court

San Francisco Superior


Attorneys

Plaintiff

Aaron M. Kamins

Steven E. Sattler


Defendant

Richard E. McGreevy
(Leach & McGreevy LLP)


Facts

On Jan. 4, 1995, plaintiff Donald Nitto, was attempting to board a cable car stopped in the middle of the intersection at California and Hyde Streets when he was struck by a taxicab driven by defendant Mohamed Bachar. The plaintiff suffered a comminuted right tibular fracture and a distal fibular fracture requiring surgery, internal fixation on the day of the accident and a bone graph fixation on Jan. 10, 1995. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

Settlement discussions were not disclosed.

Injuries

The plaintiff sustained fractures of the right fibula and distal fibula requiring surgery, with residual permanent stiffness of the right ankle and foot.

Other Information

The verdict was reached approximately one year and eight months after the case was filed. An arbitration was held on Dec. 5, 1996, before Ephraim Margolin, a San Francisco attorney resulting in an award of $175,000 for plaintiff. The defendant requested a trial de novo.

Deliberation

6+ hours

Poll

9-3 (defendant negligent), 12-0 (plaintiff comparatively liable)

Length

seven days


#79831

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